ADR强调通过当事人合意解决纠纷,而司法程序通过强制性权威解决纠纷。由于私法领域中纠纷当事人具备法律上地位的平等性和处分权,强调通过合意而解决纠纷并进而促进当事人自治的ADR在法理上和实践中都得到了广泛支持。以此为鉴,重构我国民事替代性纠纷解决机制势在必行。 The ADR emphasizes the parties’ willingness to settle disputes and the judicial process to resolve disputes through mandatory authority. As the parties to disputes in the field of private law have the legal status of equality and the power to dispose of them, the ADR, which emphasizes the resolution of disputes through conciliation and thus the autonomy of parties, has been widely supported in both jurisprudence and practice. Taking this as a mirror, it is imperative to reconstruct the mechanism of civil alternative dispute resolution in our country.